United States v. David Tamman

OPINION

EZRA, District Judge:

Appellant David Tamman raises five issues in his appeal from the district court’s judgment of conviction and sentence. We begin by addressing an issue of first impression, that is, whether the district court erred at sentencing by applying both the “Broker-Dealer” enhancement under United States Sentencing Guideline Manual (U.S.S.G.) § 2Bl.l(b)(18)(A) (2012) (2014 version at U.S.S.G. § 2Bl.l(b)(19)(A)) and the “Special Skill” enhancement under U.S.S.G. § 3B1.3. We hold that the Sentencing Guidelines commentary prohibiting simultaneous application of the…